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Dhundhun

03-31 02:10 PM

I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

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EndRetro

04-19 01:49 PM

Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

This is the response to a MAIL that I had sent to the MUMBAI consulate!!

"Returning workers can apply in any of the four U.S. consulates in India."

It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S. It may be harder to qualify for the visa if you are not applying in your own district. The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

Application fees in this case will NOT be refunded.

Best regards,

Non Immigrant Visa Section/wds U.S. Consulate General Mumbai

************************************************** ********

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gcformeornot

05-03 02:18 PM

The Beacon (http://blog.uscis.gov/)

Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

1) Combine EAD and AP into one document and issue for 3 years.

USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

2) Allow people with approved immigrant petition to file an I-485.

The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

3) Do not count the dependents against visa numbers.

The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

4) Publish all the backlog data including that of district offices.

USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

5) Publish visa numbers that have been used to date in the current year.

Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.

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GCSOON-Ihope

11-13 06:09 PM

So just to have the last word you somehow went in deleted all the following posts after your post? Good going!

No, my dear, I did not delete anything! Mr.Pappu maybe? Alright, now you have to answer again to get the last word! Hurry up before the censorship deletes everything (they must be tired of us)!:) :)

sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer

Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.

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sunimmi

06-11 02:29 PM

what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

I am sorry to hear you are still wading through the labor cert stuff. Mike Delph has little or no knowledge of how the immigration system works. My family and I found this out over six years ago when he worked for Dan Burton.

Wishing you all the best.

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fromnaija

07-28 02:25 PM

If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

I was in the same situation (got my MS degree after I had already started working) and I was told that I could not use my master's degree to apply in EB2. This is because if the company hired you when you didn't have a master's degree, obviously your job position does not require a master's degree. You still can use the degree if your green card job position is drastically different from your current position job-duties wise and if you can prove that it does, in fact, require a masters degree.

Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..

Radhay..no they haven't asked for any pay stubs..

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guyfromsg

09-20 02:37 PM

Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?

I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice: "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

Is there something I can do to resolve this? I sent the application to the following address: USCIS TEXAS SERVICE CENTER Atten: E-File I-765 PO BOX: 852401 MESQUITE, TX 75185

"Returning workers can apply in any of the four U.S. consulates in India."

It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S. It may be harder to qualify for the visa if you are not applying in your own district. The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

Application fees in this case will NOT be refunded.

Best regards,

Non Immigrant Visa Section/wds U.S. Consulate General Mumbai

************************************************** ********

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MrWaitingGC

06-01 07:12 PM

One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.

diptam

04-13 01:15 PM

Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.

a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.

b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.

I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.

rkg000

05-13 09:10 PM

This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.

When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.